People v. Henderson

Opinion

GAUT, J.

1. Introduction

The People appeal from a judgment dismissing a criminal complaint against defendant James Henderson, who was charged with first degree burglary and assault with a deadly firearm. The People claim that, on the date scheduled for the preliminary hearing, the magistrate had no authority to dismiss the complaint because the prosecutor failed to show good cause for a continuance as required under Penal Code section 1050. The People specifically argue that, although a trial court has the authority to dismiss an action under certain circumstances, including those…